Pro se legal representation in the United States
Encyclopedia
Pro se legal representation means advocating on one's own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant
or plaintiff
in civil
cases, and when one is a defendant in criminal cases. Pro se is a Latin
phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales
the comparable status is that of "litigant in person
".
In the United States
, many state court systems and the federal courts
are experiencing an increasing proportion of pro se litigants. According to National Center on State Courts 2006 report, estimates of the pro se rate of family law overall averaged 67% in California, 73% in large Florida's counties, and 70% in some Wisconsin counties. In San Diego, for example, the number of divorce filings involving at least one pro se litigant rose from 46% in 1992 to 77% in 2000, in Florida from 66% in 1999 to 73% in 2001. California reports in 2001 that over 50% of family matters filings in custody and visitation are by pro se litigants. In the U.S. Federal Court system for the year 2010 approximately 26% of actions filed, 93% of prisoner petitions and 10.5% of non-prisoner petitions were filed by pro se litigants. Defendants in political trial
s tend to participate in the proceedings more than defendants in non-political cases, as they may have greater ability to depart from courtroom norms to speak to political and moral issues.
.
The Supreme Court
noted that "[i]n the federal courts
, the right of self-representation has been protected by statute since the beginnings of our Nation. Section 35 of the Judiciary Act of 1789
, 1 Stat. 73, 92, enacted by the First Congress
and signed by President Washington
one day before the Sixth Amendment
was proposed, provided that 'in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of counsel.'"
In Faretta v. California
, 422 U.S. 806 (1975), the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.
the government for redress of grievances have been so interpreted. See List of U.S. State constitutional provisions allowing self-representation in state courts.
The U.S. Judiciary Act, the Code of Conduct for United States Judges, the Federal Rules of Civil Procedure
, the Federal Rules of Criminal Procedure
, the Federal Rules of Evidence
and the Federal Rules of Appellate Procedure
address the rights of the self-represented litigant in several places.
Section 1654 of title 28 of the United States Code provides: "In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein."
Laws and organizations charged with regulating judicial conduct may also impact pro se litigants. For example, The State of California Judicial Council has addressed through published materials the need of the Judiciary to act in the interests of fairness to self-represented litigants. The California rules express a preference for resolution of every case on the merits, even if resolution requires excusing inadvertence by a pro se litigant that would otherwise result in a dismissal. The Judicial Council justifies this position based on the idea that "Judges are charged with ascertaining the truth, not just playing referee... A lawsuit is not a game, where the party with the cleverest lawyer prevails regardless of the merits." It suggests "the court should take whatever measures may be reasonable and necessary to insure a fair trial" and says "There is only one reported case in the U.S. finding a judge's specific accommodations have gone too far".
Since an independent evaluation of the cases is per se impossible, this study can by design not distinguish whether defendants whithout representation face a greater challenge or whether defendants are more likely to chose representation when in doubt of the merit of their case.
Defendants who choose to appear pro se may do so because they believe they may gain tactical advantages against the prosecutor, such as obtaining sympathy from the jury, the opportunity to personally address the jury and witnesses. Pro se appearances may also delay the trial proceedings and enhance the possibility of a mistrial and a subsequent appeal
.
's aphorism that "the attorney who represents himself in court has a fool for a client."
s to be awarded to the prevailing party, the attorney who prevails in a case brought under a federal statute as a pro se litigant is not entitled to an award of attorney's fees. This ruling was based on the Court's determination that such statutes contemplate an attorney-client relationship between the party and the attorney prosecuting or defending the case, and that Congress intends to encourage litigants to seek the advice of a competent and detached third party. As the Court noted, the various Circuit Courts had previously agreed in various rulings "that a pro se litigant who is not a lawyer is not entitled to attorney's fees".
Narrow exceptions to this principle have also been suggested by other courts in the United States. For example, according to one district court a state-licensed attorney who is acting as pro se may collect attorney's fees when he represents a class (of which he is a member) in a class action
lawsuit, or according to another court represents a law firm
of which he is a member. In each of those instances, a non-attorney would be barred from conducting the representation altogether. One district court found that this policy does not prevent a pro se attorney from recovering fees paid for consultations with outside counsel. Pro se who are not state-licensed attorneys cannot bring up a class action
lawsuit.
s from being represented by non-attorneys, consistent with the existence of a corporation as a "person" separate and distinct from its officers and employees.
"A nonlawyer may not sign and file a notice of appeal on behalf of a corporation. Requiring a lawyer to represent a corporation in filing the notice does not violate the guarantee that any suitor may prosecute or defend a suit personally. A corporation is not a natural person and does not fall with in the term “any suitor.”
Similarly, a pro se litigant may not act as a class representative in a class action
lawsuit. Therefore a pro se litigant may not bring a class action
. Furthermore, a non-attorney parent may not appear pro se on behalf of a child, except to appeal the denial of social security benefits to such child.
Another situation in which appearance through counsel is often required is in a case involving the executor
or personal administrator of a probate
estate. Unless the executor or administrator is himself an attorney, he is not allowed to represent himself in matters other than the probate.
Few federal court of appeals allow unrepresented litigants to argue, and in all courts the percentage of cases in which argument occurs is higher for counseled cases.
Some pro se litigants are federal prisoners and are subject to the Prison Litigation Reform Act. The ACLU asserted "“For over thirteen years, the Prison Litigation Reform Act has denied access to the courts to countless prisoners who have become victims of abuse, creating a system of injustice that denies redress for prisoners alleging serious abuses, barriers that don’t apply to anyone else. It is time for Congress to pass legislation to restore the courts as a needed check on prisoner abuse.”
forms when they need to call witnesses by phone or in person, or when they need to officially request documents to be sent to them and/or directly to court (any documents that have not been subpoenaed to court or verified by a witness can be dismissed by the opposite party as hearsay
). There should be at least four copies of these documents during hearings with a judge, i.e. one copy for each: judge, opposite party, court clerk and pro se himself. These documents must be listed to court several days in advance, properly labeled with the same exhibit numbers as previously listed, and all pages should be numbered. Paralegal
s can help pro se to prepare forms for submissions to court and hearings.
Many pro se resources come from these sources: local courts, which may offer limited self-help assistance; public interest groups, such as the American Bar Association, which sponsors reform and promotes resources for self-help, and commercial services, which sell pre-made forms allowing self-represented parties to have formally correct documents. For example, SelfHelpSupport.org is an organization with a web site "dedicated to issues related to self-represented litigation". The organization provides no assistance with particular complaints. "Self-help" legal service providers must take care not to cross the line into giving advice, in order to avoid "unauthorized practice of law", which in the U.S. is the unlawful act of a non-lawyer practicing law.
The American Bar Association
(ABA) has also been involved with issues related to self-representation. In 2008, the Louis M. Brown Award for Legal Access was presented to the Chicago-Kent College of Law
Center for Access to Justice & Technology for making justice more accessible to the public through the use of the Internet in teaching, legal practice and public access to the law. Their A2J Author Project is a software tool that empowers those from the courts, legal services programs and educational institutions to create guided interviews resulting in document assembly, electronic filing and data collection. Viewers using A2J to go through a guided interview are led down a virtual pathway to the courthouse. As they answer simple questions about their legal issue, the technology then “translates” the answers to create, or assemble, the documents that are needed for filing with the court.
An ABA publication lists "organizations involved in pro se issues" as including (in addition to the ABA itself) the American Judicature Society
, the National Center for State Courts
, and the State Justice Institute.
States have organizations dedicated to delivering services to pro se litigants. For instance, the Minnesota Bar Association has a "pro se implementation committee".
United States federal courts
created Public Access to Court Electronic Records (PACER)
system that to obtain case and docket information from the United States district court
s, United States courts of appeals
, and United States bankruptcy court
s. The system, managed by the Administrative Office of the United States Courts
, allows lawyers and self-represented clients to obtain documents entered in the case much faster than regular mail. Several federal courts published general guidelines for pro se litigants and Civil Rights
complaint forms.
There are also freely accessible web search engine
s to assist pro se in finding court decisions that can be cited as an example or analogy to resolve similar questions of law. Google Scholar
is the biggest database of full text state and federal courts decisions that can be accessed without charge. These web search engine
s often allow pro se to select specific state courts to search.
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
or plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
in civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
cases, and when one is a defendant in criminal cases. Pro se is a Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
the comparable status is that of "litigant in person
Litigant in person
A litigant in person, in the United Kingdom, is an individual, company or organisation that is not represented in court by a solicitor or barrister, but nevertheless has rights of audience...
".
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, many state court systems and the federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
are experiencing an increasing proportion of pro se litigants. According to National Center on State Courts 2006 report, estimates of the pro se rate of family law overall averaged 67% in California, 73% in large Florida's counties, and 70% in some Wisconsin counties. In San Diego, for example, the number of divorce filings involving at least one pro se litigant rose from 46% in 1992 to 77% in 2000, in Florida from 66% in 1999 to 73% in 2001. California reports in 2001 that over 50% of family matters filings in custody and visitation are by pro se litigants. In the U.S. Federal Court system for the year 2010 approximately 26% of actions filed, 93% of prisoner petitions and 10.5% of non-prisoner petitions were filed by pro se litigants. Defendants in political trial
Political trial
A political trial is a criminal trial with political implications. A composite definition of a political trial might be "an examination before a court concerning the conduct of governmental affairs or somehow relating to government." T. Becker writes that "in a sense, all trials are political...
s tend to participate in the proceedings more than defendants in non-political cases, as they may have greater ability to depart from courtroom norms to speak to political and moral issues.
History
The right of a party to a legal action to represent his or her own cause has long been recognized in the United States, and even predates the ratification of the ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
The Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
noted that "[i]n the federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, the right of self-representation has been protected by statute since the beginnings of our Nation. Section 35 of the Judiciary Act of 1789
Judiciary Act of 1789
The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...
, 1 Stat. 73, 92, enacted by the First Congress
1st United States Congress
-House of Representatives:During this congress, five House seats were added for North Carolina and one House seat was added for Rhode Island when they ratified the Constitution.-Senate:* President: John Adams * President pro tempore: John Langdon...
and signed by President Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
one day before the Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
was proposed, provided that 'in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of counsel.'"
In Faretta v. California
Faretta v. California
Faretta v. California, 422 U.S. 806 , was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.-Facts of the case:...
, 422 U.S. 806 (1975), the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.
Rules
Most U.S. states have a constitutional provision that either expressly or by interpretation allows individuals to represent their own causes in the courts of that state. In many instances, state constitutional provisions regarding the right to petitionRight to petition
The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals.-United States:...
the government for redress of grievances have been so interpreted. See List of U.S. State constitutional provisions allowing self-representation in state courts.
The U.S. Judiciary Act, the Code of Conduct for United States Judges, the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, the Federal Rules of Criminal Procedure
Federal Rules of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...
, the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
and the Federal Rules of Appellate Procedure
Federal Rules of Appellate Procedure
The Federal Rules of Appellate Procedure are a set of rules, promulgated by the Supreme Court of the United States on recommendation of an advisory committee, to govern procedures in cases in the United States Courts of Appeals....
address the rights of the self-represented litigant in several places.
Section 1654 of title 28 of the United States Code provides: "In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein."
Laws and organizations charged with regulating judicial conduct may also impact pro se litigants. For example, The State of California Judicial Council has addressed through published materials the need of the Judiciary to act in the interests of fairness to self-represented litigants. The California rules express a preference for resolution of every case on the merits, even if resolution requires excusing inadvertence by a pro se litigant that would otherwise result in a dismissal. The Judicial Council justifies this position based on the idea that "Judges are charged with ascertaining the truth, not just playing referee... A lawsuit is not a game, where the party with the cleverest lawyer prevails regardless of the merits." It suggests "the court should take whatever measures may be reasonable and necessary to insure a fair trial" and says "There is only one reported case in the U.S. finding a judge's specific accommodations have gone too far".
In criminal court
Pro se representation presents unique but not insurmountable challenges for claimants and the legal system. In Louisiana, for instance, the Louisiana Court of Appeals tracks the results of pro se appeals against represented appeals. In 2000, 7% of writs in civil appeals submitted to the court pro se were granted, compared to 46% of writs submitted by counsel. In criminal cases the ratio is closer - 34% of pro se writs were granted, compared with 45% of writs submitted by counsel. According to Erica J. Hashimoto, an assistant professor at the Georgia School of Law,:“After conducting an empirical study of pro se felony defendants, I conclude that these defendants are not necessarily either ill-served by the decision to represent themselves or mentally ill….In state court, pro se defendants charged with felonies fared as well as, and arguably significantly better than, their represented counterparts…of the 234 pro se defendants for whom an outcome was provided, just under 50 percent of them were convicted on any charge….for represented state court defendants, by contrast, a total of 75 percent were convicted of some charge…. Only 26 percent of the pro se defendants ended up with felony convictions, while 63 percent of their represented counterparts were convicted of felonies…in federal court…the acquittal rate for pro se defendants is virtually identical to the acquittal rate for represented defendants.”
Since an independent evaluation of the cases is per se impossible, this study can by design not distinguish whether defendants whithout representation face a greater challenge or whether defendants are more likely to chose representation when in doubt of the merit of their case.
In civil court
There is evidence that self-representation is common in Civil Cases:- In New Hampshire one party is pro se in 85% of all civil cases in the district court and 48% of all civil cases in the superior court in 2004. In probate court, both sides are unrepresented by lawyers in 38% of cases. In superior court domestic relations cases, almost 70% of cases have one pro se party, while in district court domestic violence cases, 97% of the cases have one pro se party.
- One party appeared pro se in California study of family matters in 2/3 of all domestic relations cases and in 40% of all child custody cases in 1991-95. California reports in 2001 that over 50% of the filings in custody and visitation are by pro se litigants. Urban courts report that approximately 80% of the new divorce filings are filed pro se.
- In Maricopa County in Arizona the incidence of pro se litigants doubled in the period between 1980 (24% of cases had 1 pro se litigant) and 1985 (where the rate had reached 47%). By 1990, 88% of the cases involved at least one pro se litigant and no lawyers were involved in more than half of the divorces.
- In Chicago 30% (in 1994 and 25% in 1995) of all new general civil actions field for less than $10,000 of damages were filed pro se. Landlord tenant actions were filed pro se 28% of the time.
- Utah Judicial Council reports that in 2006 for divorce cases, 49 percent of petitioners and 81 percent of respondents are self-represented. For small-claims cases, 99 percent of petitioners and 99 percent of respondents are self-represented.
- According to Boston Bar Association Task Force 1998 report in every court studied by the task force, litigants without lawyers are present in surprising numbers. In some counties, over 75% of the cases in Probate and Family Courts have at least one party unrepresented. In the Northeast Housing Court, over 50% of the landlords and 92% of the tenants appear without lawyers in summary process cases.
- University of Illinois Law School's Professor Robert Lawless, a national expert in personal credit and bankruptcy, showed that, the rate of non-attorney filings in bankruptcy courts by debtors was 13.8% for chapter 13 cases, and 10.1% for chapter 7 cases. The rate was as high as 30% to 45% for major urban areas, such as California and New York city. US Bankruptcy Court of Arizona reported 23.14% cases filed pro se in October 2011, up from 20.61% a year before.
- There are some notable records of pro se litigants winning more than $2,000 as plaintiffs: Robert Kearns, inventor of the intermittent windshield wiper who won more than $10 million from Ford for patent infringement; Reginald and Roxanna Bailey (District of Missouri 08-cv-1456), a married couple, who together won $140,000 from Allstate InsuranceAllstateThe Allstate Corporation is the second-largest personal lines insurer in the United States and the largest that is publicly held. The company also has personal lines insurance operations in Canada. Allstate was founded in 1931 as part of Sears, Roebuck and Co., and was spun off in 1993...
in a federal jury trial; George M. Cofield, a pro se janitor, won $30,000 from the City of Atlanta in 1980; and Jonathan Odom, a pro se prisoner, who while still a prisoner, won $19,999 from the State of New York in a jury trial. Timothy-Allen Albertson, who appeared in pro. per., was awarded $3,500 in 1981 in a judgment by the San Francisco Municipal Court entered against the Universal Life Church for defamation by of its ministers.
Reasons
According to 1996 report on pro se by University of Maryland Law School, 57% of pro se said they could not afford a lawyer, 18% said they did not wish to spend the money to hire a lawyer, 21% said they believed that their case was simple and therefore they did not need an attorney. Also, ABA Legal Needs Study show that 45% of pro se believe that “Lawyers are more concerned with their own self promotion than their client’s best interest.”Defendants who choose to appear pro se may do so because they believe they may gain tactical advantages against the prosecutor, such as obtaining sympathy from the jury, the opportunity to personally address the jury and witnesses. Pro se appearances may also delay the trial proceedings and enhance the possibility of a mistrial and a subsequent appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
.
Self-representation by attorneys
An attorney who represents himself or herself in a matter is still considered a pro se litigant. Self-representation by attorneys has frequently been the subject of criticism, disapproval, or satire, with the most famous pronouncement on the issue being British poet Samuel JohnsonSamuel Johnson
Samuel Johnson , often referred to as Dr. Johnson, was an English author who made lasting contributions to English literature as a poet, essayist, moralist, literary critic, biographer, editor and lexicographer...
's aphorism that "the attorney who represents himself in court has a fool for a client."
Attorney fees
The Supreme Court has held that where a statute permits attorney's feeAttorney's fee
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Attorney fees are separate from fines, compensatory and punitive damages, and from court costs in a...
s to be awarded to the prevailing party, the attorney who prevails in a case brought under a federal statute as a pro se litigant is not entitled to an award of attorney's fees. This ruling was based on the Court's determination that such statutes contemplate an attorney-client relationship between the party and the attorney prosecuting or defending the case, and that Congress intends to encourage litigants to seek the advice of a competent and detached third party. As the Court noted, the various Circuit Courts had previously agreed in various rulings "that a pro se litigant who is not a lawyer is not entitled to attorney's fees".
Narrow exceptions to this principle have also been suggested by other courts in the United States. For example, according to one district court a state-licensed attorney who is acting as pro se may collect attorney's fees when he represents a class (of which he is a member) in a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuit, or according to another court represents a law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
of which he is a member. In each of those instances, a non-attorney would be barred from conducting the representation altogether. One district court found that this policy does not prevent a pro se attorney from recovering fees paid for consultations with outside counsel. Pro se who are not state-licensed attorneys cannot bring up a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuit.
Limits
The ability of a party to proceed without an attorney in prosecuting or defending a civil action is largely a matter of state law, and may vary depending on the court and the positions of the parties. A longstanding and widely practiced rule prohibits corporationCorporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s from being represented by non-attorneys, consistent with the existence of a corporation as a "person" separate and distinct from its officers and employees.
"A nonlawyer may not sign and file a notice of appeal on behalf of a corporation. Requiring a lawyer to represent a corporation in filing the notice does not violate the guarantee that any suitor may prosecute or defend a suit personally. A corporation is not a natural person and does not fall with in the term “any suitor.”
Similarly, a pro se litigant may not act as a class representative in a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuit. Therefore a pro se litigant may not bring a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
. Furthermore, a non-attorney parent may not appear pro se on behalf of a child, except to appeal the denial of social security benefits to such child.
Another situation in which appearance through counsel is often required is in a case involving the executor
Executor
An executor, in the broadest sense, is one who carries something out .-Overview:...
or personal administrator of a probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
estate. Unless the executor or administrator is himself an attorney, he is not allowed to represent himself in matters other than the probate.
Few federal court of appeals allow unrepresented litigants to argue, and in all courts the percentage of cases in which argument occurs is higher for counseled cases.
Some pro se litigants are federal prisoners and are subject to the Prison Litigation Reform Act. The ACLU asserted "“For over thirteen years, the Prison Litigation Reform Act has denied access to the courts to countless prisoners who have become victims of abuse, creating a system of injustice that denies redress for prisoners alleging serious abuses, barriers that don’t apply to anyone else. It is time for Congress to pass legislation to restore the courts as a needed check on prisoner abuse.”
Resources
According to Utah Judicial Council report of 2006, 80 percent of self-represented people coming to the district court clerk’s office seek additional help before coming to the courthouse. About 60 percent used the court’s Web site, 19 percent sought help from a friend or relative, 11 percent from the court clerk, and 7 percent went to the library. In the justice courts, 59 percent sought no help. Every U.S. state has some forms available on-line for most common filings; if pro se cannot find appropriate form in his state, he often can modify a form from another state to fit his request. Also there are some attorneys who provide per-hour rate consultations. Pro se applicants, however, unlike lawyers, must ask a court clerk to officially issue them subpoenaSubpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
forms when they need to call witnesses by phone or in person, or when they need to officially request documents to be sent to them and/or directly to court (any documents that have not been subpoenaed to court or verified by a witness can be dismissed by the opposite party as hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
). There should be at least four copies of these documents during hearings with a judge, i.e. one copy for each: judge, opposite party, court clerk and pro se himself. These documents must be listed to court several days in advance, properly labeled with the same exhibit numbers as previously listed, and all pages should be numbered. Paralegal
Paralegal
Paralegal is used in most jurisdictions to describe a paraprofessional who assists qualified lawyers in their legal work. This is true in the United States and many other countries. However, in Ontario, Canada, paralegals are licensed by the Law Society of Upper Canada, giving paralegals an...
s can help pro se to prepare forms for submissions to court and hearings.
Many pro se resources come from these sources: local courts, which may offer limited self-help assistance; public interest groups, such as the American Bar Association, which sponsors reform and promotes resources for self-help, and commercial services, which sell pre-made forms allowing self-represented parties to have formally correct documents. For example, SelfHelpSupport.org is an organization with a web site "dedicated to issues related to self-represented litigation". The organization provides no assistance with particular complaints. "Self-help" legal service providers must take care not to cross the line into giving advice, in order to avoid "unauthorized practice of law", which in the U.S. is the unlawful act of a non-lawyer practicing law.
The American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
(ABA) has also been involved with issues related to self-representation. In 2008, the Louis M. Brown Award for Legal Access was presented to the Chicago-Kent College of Law
Chicago-Kent College of Law
Chicago–Kent College of Law, the law school affiliated with Illinois Institute of Technology, is nationally recognized for the scholarship and accomplishments of its faculty and student body. It is the second oldest law school in the state of Illinois. Many of the applications of technology in the...
Center for Access to Justice & Technology for making justice more accessible to the public through the use of the Internet in teaching, legal practice and public access to the law. Their A2J Author Project is a software tool that empowers those from the courts, legal services programs and educational institutions to create guided interviews resulting in document assembly, electronic filing and data collection. Viewers using A2J to go through a guided interview are led down a virtual pathway to the courthouse. As they answer simple questions about their legal issue, the technology then “translates” the answers to create, or assemble, the documents that are needed for filing with the court.
An ABA publication lists "organizations involved in pro se issues" as including (in addition to the ABA itself) the American Judicature Society
American Judicature Society
The American Judicature Society is an independent, nonpartisan, national organization of judges, lawyers, and interested members of the public whose mission is to improve the American justice system - to "secure and promote an independent and qualified judiciary and fair system of justice." ...
, the National Center for State Courts
National Center for State Courts
The National Center for State Courts is a non-profit organization charged with improving judicial administration in the United States and around the world...
, and the State Justice Institute.
States have organizations dedicated to delivering services to pro se litigants. For instance, the Minnesota Bar Association has a "pro se implementation committee".
United States federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
created Public Access to Court Electronic Records (PACER)
PACER (law)
PACER is an electronic public access service of United States federal court documents. The system is managed by the Administrative Office of the United States Courts...
system that to obtain case and docket information from the United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
s, United States courts of appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, and United States bankruptcy court
United States bankruptcy court
United States bankruptcy courts are courts created under Article I of the United States Constitution. They function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising...
s. The system, managed by the Administrative Office of the United States Courts
Administrative Office of the United States Courts
The Administrative Office of the United States Courts is the administrative agency of the United States federal court system. It was established in 1939.The AO is the central support entity for the federal judicial branch...
, allows lawyers and self-represented clients to obtain documents entered in the case much faster than regular mail. Several federal courts published general guidelines for pro se litigants and Civil Rights
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
complaint forms.
There are also freely accessible web search engine
Web search engine
A web search engine is designed to search for information on the World Wide Web and FTP servers. The search results are generally presented in a list of results often referred to as SERPS, or "search engine results pages". The information may consist of web pages, images, information and other...
s to assist pro se in finding court decisions that can be cited as an example or analogy to resolve similar questions of law. Google Scholar
Google Scholar
Google Scholar is a freely accessible web search engine that indexes the full text of scholarly literature across an array of publishing formats and disciplines. Released in beta in November 2004, the Google Scholar index includes most peer-reviewed online journals of Europe and America's largest...
is the biggest database of full text state and federal courts decisions that can be accessed without charge. These web search engine
Web search engine
A web search engine is designed to search for information on the World Wide Web and FTP servers. The search results are generally presented in a list of results often referred to as SERPS, or "search engine results pages". The information may consist of web pages, images, information and other...
s often allow pro se to select specific state courts to search.
Notable pro se litigants
- Edward C. LawsonEdward C. LawsonEdward C. Lawson is an African American civil rights activist, who was the plaintiff in the case of Kolender v. Lawson, , in which the United States Supreme Court ruled that a California statute...
, an African AmericanAfrican AmericanAfrican Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
civil rightsCivil rightsCivil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
activist, was the pro se defendant in Kolender v. LawsonKolender v. LawsonKolender v. Lawson, , is a United States Supreme Court case concerning the constitutionality of laws that allow police to demand that “loiterers” and “wanderers” provide identification.- Facts :...
(461 U.S. 352, 1983), in which the U.S. Supreme Court ruled that a police officer could not arrest a citizen merely for refusing to present identification. - Robert KearnsRobert KearnsRobert William Kearns was the inventor of the intermittent windshield wiper systems used on most automobiles from 1969 to the present. His first patent for the invention was filed on December 1, 1964....
was the inventor of the intermittent windshield wipers. He acted as his own lawyer in parts of his long legal battles for patent infringementPatent infringementPatent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
against FordFord Motor CompanyFord Motor Company is an American multinational automaker based in Dearborn, Michigan, a suburb of Detroit. The automaker was founded by Henry Ford and incorporated on June 16, 1903. In addition to the Ford and Lincoln brands, Ford also owns a small stake in Mazda in Japan and Aston Martin in the UK...
and ChryslerChryslerChrysler Group LLC is a multinational automaker headquartered in Auburn Hills, Michigan, USA. Chrysler was first organized as the Chrysler Corporation in 1925....
. His legal battles are the subject of the 2008 film2008 in filmThis is a list of all major films made in 2008.-Highest-grossing films:Please note that following the tradition of the English-language film industry, these are the top grossing films that were first released in the USA in 2008...
Flash of GeniusFlash of Genius (film)Flash of Genius is a 2008 American biographical film directed by Marc Abraham. The screenplay by Philip Railsback, based on a 1993 New Yorker article by John Seabrook, focuses on Robert Kearns and his legal battle against the Ford Motor Company when they developed an intermittent windshield wiper...
. - Colin Ferguson, a mass murderer, whose trial was notable for a number of unusual developments, including his firing of his defense counsel and insisting on representing himself and questioning his own alleged victims on the stand.
- Clarence Earl GideonClarence Earl GideonClarence Earl Gideon was a poor drifter accused in a Florida state court of felony theft. His case resulted in the landmark U.S. Supreme Court decision Gideon v...
was too poor to afford an attorney and thus proceeded pro se in his criminal trial in Florida in 1961. He was found guilty and subsequently appealed. He was appointed counsel when the case reached the U.S. Supreme Court; the Court ruled in Gideon v. WainwrightGideon v. WainwrightGideon v. Wainwright, , is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own...
that the right to counselRight to counselRight to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
means that states are required to provide counsel free of charge to indigent criminal defendants and that Florida's failure to appoint such counsel in Gideon's case constituted a violation of that right. On remand, Gideon was represented in the new trial, and was acquittedAcquittalIn the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
. - Brandon Moon spent 17 years in jail for a rape that he did not commit. He was convicted after being picked from a lineup 18 months after the rape in which he was the only blue eyed white man. He was a sophomore in college and a veteran of four years in the air force when he was accused. He was released due to DNA evidence after help from the Innocence ProjectInnocence ProjectAn Innocence Project is one of a number of non-profit legal organizations in the United States, Canada, the United Kingdom, Australia and New Zealand dedicated to proving the innocence of wrongly convicted people through the use of DNA testing, and to reforming the criminal justice systems to...
. He spent his prison years learning about blood tests, eyewitness identification and law. Before the Innocence Project became involved, Moon represented himself and repeatedly applied for relief but, according to his lawyer he was "bounced around the courts like a Ping-Pong ball" because "The courts are so hostile to pro se litigants. The instinct is to deny, deny, deny." - Thomas Van OrdenThomas Van OrdenThomas David Van Orden born September 1, 1944 – died November 11, 2010 was an American lawyer who challenged the constitutionality of displaying the Ten Commandments on the grounds of the Texas Capitol under the Establishment Clause of the U.S. Constitution. Van Orden v Gov Perry et al, 125 S. Ct....
, a lawyer with a suspended license to practice law who was living homeless in Austin, TexasAustin, TexasAustin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
, managed to challenge a religious display on the state capitol grounds, and successfully navigated his case all the way to the Supreme Court. While he was ultimately unsuccessful at getting the display removed, he was extremely successful at litigating the case. See Van Orden v. PerryVan Orden v. PerryVan Orden v. Perry, 545 U.S. 677 was a case decided by the Supreme Court of the United States of America, involving whether a display of the Ten Commandments on a monument given to the government at the Texas State Capitol in Austin violated the Establishment Clause of the First Amendment.In a...
. - Michael Ray "a former paralegal who is nearing the end of a six-year sentence for real-estate fraud, has no college or law school education. Yet he drafted an appeal for pro-se litigant Keith Lavon Burgess, who is in prison for crack possession. Ray argued that a 20-year mandatory minimum sentence was inappropriate for Burgess because his prior drug conviction was a misdemeanor, not a felony. Against all odds, the U.S. Supreme Court agreed to hear the case, which will be argued by Stanford Law School Professor Jeff Fisher. A successful appeal could reportedly cut Burgess's sentence in half...Ray... conducts his own CLE by reading legal journals and joining legal associations, including the ABA."
- Barbara Schwarz, of Salt Lake City, UtahSalt Lake City, UtahSalt Lake City is the capital and the most populous city of the U.S. state of Utah. The name of the city is often shortened to Salt Lake or SLC. With a population of 186,440 as of the 2010 Census, the city lies in the Salt Lake City metropolitan area, which has a total population of 1,124,197...
, has filed a large number of Freedom of Information ActFreedom of Information Act (United States)The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
(FOIA) requests. When the responses failed to verify her claims, she responded with litigation, which she has done pro se. According to the Salt Lake Tribune, "at least one of Schwarz's lawsuits has been considered by a U.S. District or U.S. Circuit Court of Appeals somewhere in the nation every year since 1993." - Harold J. Stewart, a high school drop-out, successfully represented himself in a murder trial and won. The court files include a stack of handwritten motions more than 4 inches thick.
- Jim Traficant, a former U.S. RepresentativeUnited States House of RepresentativesThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
from OhioOhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, represented himself in a Racketeer Influenced and Corrupt Organizations ActRacketeer Influenced and Corrupt Organizations ActThe Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
case in 1983, and was acquitted of all charges. Traficant would represent himself again in 2002, this time unsuccessfully, and was sentenced to prison for 8 years for taking bribes, filing false tax returns, and racketeering. - Joe GamskyBillionaire Boys ClubThe Billionaire Boys Club was an investment-and-social club organized by Joseph Gamsky, also known as "Joe Hunt", in southern California in 1983...
, also known as Joe Hunt, successfully represented himself in a kidnapping-murder trial. He had been accused of murdering a businessman in order to use his fortunes to pay off debts Gamsky had accumulated in a Ponzi schemePonzi schemeA Ponzi scheme is a fraudulent investment operation that pays returns to its investors from their own money or the money paid by subsequent investors, rather than from any actual profit earned by the individual or organization running the operation...
. The jury hung 8-4 in favor of acquittal. Although he wasn't convicted of that murder, he was previously convicted in the murder of a con artist and is serving life imprisonment without parole. - Lenny BruceLenny BruceLeonard Alfred Schneider , better known by the stage name Lenny Bruce, was a Jewish-American comedian, social critic and satirist...
represented himself in a number of his obscenity trials, including the Chicago Gate of Horn case, People v. Bruce. - Notorious serial murderer and former law student Ted BundyTed BundyTheodore Robert "Ted" Bundy was an American serial killer, rapist, kidnapper, and necrophile who assaulted and murdered numerous young women during the 1970s, and possibly earlier...
represented himself during his 1979 murder trial. Bundy was convicted, and ultimately executed, as a result of that case. - Rudy Durand, writer and director of Tilt (film), sued Warner Bros.Warner Bros.Warner Bros. Entertainment, Inc., also known as Warner Bros. Pictures or simply Warner Bros. , is an American producer of film and television entertainment.One of the major film studios, it is a subsidiary of Time Warner, with its headquarters in Burbank,...
in a breach of contract dispute over final cut of the aforementioned film. Durand represented himself throughout the process and had no prior legal training. After arguing on appeal to the 9th Circuit CourtUnited States Court of Appeals for the Ninth CircuitThe United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, Durand was awarded $7 million in damages from the studio, 12 years after the initial action. - Robert Henry Best, an American broadcaster of Nazi propaganda during World War II, represented himself in his treason trial and appeals